Hubbard v. State

OPINION

BURGESS, Justice.

This is an appeal from the denial of a writ of habeas corpus. Appellant was indicted for burglary of a habitation alleged to have occurred on April 2, 1987. In the same instrument, appellant was also charged with burglary of a motor vehicle on or about April 6, 1987. Included in the indictment was an enhancement count. The case was called for trial on October 19, 1987. A jury was selected, swomed and placed in the jury box. Prior to any further proceedings, appellant’s counsel made an oral motion to compel the state to elect between the counts in the indictment and in…